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Federal employee wins EEOC appeal. Former nurse practitioner with the Department of Veterans Affairs appealed a decision dismissing her discrimination complaint with the Equal Employment Opportunity Commission (EEOC). The complaint was dismissed for untimely EEO counselor contact because Complainant initiated counselor contact one day after the assumed forty-five day window; however, the Office of Federal Operations (OFO) utilized a “reasonable suspicion” standard to determine when the clock on the window actually started. The initial event occurred on January 15, 2020, but complainant did not reasonably suspect she had been discriminated against until she gained more information in February. The OFO concluded that the forty-five day window for EEO counselor contact began at this time.

Rachel R. v. Robert Wilkie, Secretary, Dep’t of Veterans Affairs, https://www.eeoc.gov/sites/default/files/decisions/2020_08_11/2020003256.pdf

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